Bryn Aarflot on top in MIP's World IP Survey 2010

The international magazine Managing Intellectual Property (MIP) provides annual surveys of leading IP firms worldwide. As in 2007, 2008 and 2009, Bryn Aarflot has in 2010 been ranked as Norway's leading IP firm in patent and trademark prosecutions matters.

The survey is based on information gathered by practitioners and in-house counsels and provides a listing of the leading IP firms worldwide. Those in the top tiers received most recommendations for the quality and depth of their practice. The survey is a qualitative ranking of the leading firms in each category and reveals which firms are rated by their peers for strength and their experience and the depth of their ability to services clients.

We are proud to have been listed in the top tier once again!

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The Bolar exemption included in The Norwegian Patents Act

As from 18 December 2009 The Patents Act, Section 3, third subsection number 5, states that the exclusive right obtained by a patent does not include: "Trials, experiments and similar of a patented medicine that are required to obtain a marketing authorisation for a medicine in a state that is a contracting party to the agreement of 15 April 1994 on the establishment of the World Trade Organisation". Read more

Litigation: Securing evidence outside a lawsuit

As a non-EU member state, Norway is not bound by the provisions of Directive 2004/48/EC of the European Parliament and of the Council of April 29 2004 on the enforcement of IP rights. Read more

SPC - Supplementary Protection Certificate

A Supplementary Protection Certificate (SPC) can be granted in Norway for pharmaceuticals for humans and animals and plant protection products. This may extend the total period for actual patent protection up to a maximum of 25 years; i.e. an additional 5 years of patent protection beyond the normal 20 years. Read more

Decision from the Norwegian Supreme Court concerning equivalence for a pharmaceutical patent

The recent decision HR-2009-1735-A from the Supreme Court concerns the interpretation of Section 39 of the Patents Act and in particular the doctrine of equivalence in relation to an analogy method patent. Read more

Strict requirements for re-establishment of rights

Request for re-establishment of rights in Norway may be requested by the applicant when the applicant has failed to comply with a time limit set by the Patents Act and for which the applicant has suffered loss of rights. Section 72 of the Patents Act dealing with re-establishment of rights is inspired by Article 122 EPC. Read more

A powerful tool for invalidation of patent rights in Norway

The EPC entered into force for Norway on 1 January 2008. Hence, Norway is included among the designated states in European patent applications filed on or after that date. The legal framework has continuously been revised to harmonise with the EPC, thus only minor revisions to the legal framework were necessary upon entry. However, one addition to the Patent Acts that was effective by the date of accession is worth a discussion; namely third parties right to request an administrative review before the Norwegian Industrial Property Office - NIPO. Read more

Beware of the "Norway/ EP/PCT trap"

A decline in the number of incoming PCT Norwegian national phase applications to the Norwegian Industrial Property Office seems to indicate that many foreign patent attorneys believe that any PCT application now to be entered as a European regional phase, will also include Norway.
 
This is not so if the PCT was filed prior to 01.01.2008!
 
Practically all PCT applications now about to be entered nationally/regionally will need special consideration if Norway is at all of interest to the applicant. Only in PCT applications filed 01.01.2008 or later, Norway will be included among the EP designations.  Read more

Norway accedes to the EPC

The EPC will enter into force for Norway on 1 January 2008. Hence, Norway will be included among the designated states in European patent applications filed on or after that date. Read more

Bryn Aarflot AS at INTA 2009

Click here for photos of the event